Car parking space
Sohil Sanghvi
(Querist) 16 August 2012
This query is : Resolved
Ours is an 55yrs Old building, its a Co-operative housing Socirty and a single building of 22 flats. Currently 11 cars are being parked in building compound (excluding me).
My father is residing in this building for more than 42 years. Two months back we have purchased a new Car - Hyundai I10.
Other members of the society have being parking their cars on first come firt serve. Now few members are objecting against our car parking citing reasons of inconnivance and are not ready to co-operate in relocating their car parking in a way that creates adequate space for me to park my car.
Every member is egotistical to accomodate for my car parking.
What can be done against this?
What steps should I take now, legal actions, if any.
ajay sethi
(Expert) 16 August 2012
issue society legal notice to allot car parking slots on annual basis as provided under bye laws . contact a local lawyer
Sohil Sanghvi
(Querist) 16 August 2012
Thanks for the response. But how will society allot car parking slots on annual basis. Is there a method to this task ?
Furthermore all the members in our society will avail parking space. so how will this solve my problem of getting parking space without members objection.
ajay sethi
(Expert) 16 August 2012
by lottery system as total slots are 11 and members 22 . if you are lucky you get a slot .
Sohil Sanghvi
(Querist) 16 August 2012
Thank you very much for showing the way.
one last query..
Do you have such provision in bye laws ?and can you provide any reference through an article of the same or of case as past precedence.
ajay sethi
(Expert) 16 August 2012
where are you located . ? your society must be having provision of bye laws adopted by your society . send a letter to secretary askig for copy of bye laws adopted by society . undertake to pay charges for same
Sohil Sanghvi
(Querist) 16 August 2012
I am residing in Sion (East), Near GTB Station. Will ask for a copy of bye laws adopted by society.
In case, if this provision of alloting car parking on lottery system is not adopted in the bye laws of Society. Even then can I fight on legal grounds with this provision.
ajay sethi
(Expert) 16 August 2012
spend some money on legal fees
Sohil Sanghvi
(Querist) 16 August 2012
May you Plz provide me your contact details as I would like to take your consultation for this case.
RAJU O.F.,
(Expert) 18 August 2012
Find out as to whether the housing society had allotted parking slots to the existing 11 parking slots by payment of consideration separately for parking. If not you are also eligible to park the vehicle, as well as other apartment owners who do not own car at present. Hence cause to send a lawyer notice to the secretary of the society to allow you to park the car along with other car owners.
Sohil Sanghvi
(Querist) 19 August 2012
yes, society has alloted parking slots to existing 11 members for their car and is charging Rs 300 per month as parking charges.
V R SHROFF
(Expert) 19 August 2012
Sugestion:
Call Sp Gen Body Meeting, Agenda of Car Parking:
Offer, to auction 11 Parking Slots , with offer to park one car per Member with fixed Car Regd number on member's name only.
Let All members get equal opportunity, to bid , and should be on annual/ half yearly basis.
Seek Approval of this Resolution from Registrar ,Co-op Soc.
It will increase Income of Society, Regularise Parking , solve dispute.
Any other alternative can be discussed in Sp[ or AGM] Meeting passed with Majority.
Sohil Sanghvi
(Querist) 19 August 2012
as you mentioned auction 11 parking slots. by this do you mean to allote parking lots on lottery system on yearly basis Or does it mean to invite auction bid in monetary terms.
V R SHROFF
(Expert) 19 August 2012
MONETARY TERMS WILL HELP SOCIETY INCREASE FUND, AND WILL AVOID UNNECESSARY DEMAND OF FEW MEMBERS AS THE HIGHEST PAYER WILL GET PARKING.
This can de mutually decided in Meeting / a Lottery or Highest Bid!!
Sohil Sanghvi
(Querist) 19 August 2012
Can Co-op Housing Society sell parking lots through an auction bid. Is it legally premissible ?
Secondly is there any binding for the minimum and maximum bid from the members. and under what expense head this money can be collected by Society.
Plz help to clarify this accordinglt i will propose to committee.
